Microsoft / Activision Deal Approval Watch |OT| (MS/ABK close)

Do you believe the deal will be approved?


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Any of you guys waiting up till midnight to see if Phil Spencer and Bobby Kotick are going to turn into a couple of pumpkins are going to be waiting a while.

The merger agreement says the option for terminating the agreement begins at 11:59 PM Pacific Time.

Current Pacific Time is 8:20 PM. You've got about 3 hours and 40 minutes to go.
I just got off work and I'm playing Twisted Metal 2 so I can go to bed and wake up at 8. I'm hoping to see this turn into something no one saw coming for the ultimate surprise.
 
This deal has so many twists and what ifs and how did that happen etc
I expect to wake up tomorrow morning with news that Amazon owns ABK.

Comedy Ghosts GIF by CBS
 

Once the above date passes the current contract would have expired. They can create a new contract or walk away.

But make no mistake the current contract expires in a bit over an hour.
Clearly this means a lot to you and clearly you haven't read the document and it's details.. read the time - it's not "in a bit over an hour.." - the time is PDT.

And read the details - they both have a "right" to terminate - it doesn't mean that they will. There's also an amendment clause included ...

We have no clue what is actively being reviewed, discussed, or amended to the agreement at this point..
 
I don't understand anything anymore

We knew from the beginning that the FTC would lose, and the problem is the CMA

Why is everyone acting like the deal is done? The deal with playstation doesn't change much because consoles part was dropped by the CMA months ago
I think no one, or most, didn't expect the CAT appeal to be paused and the CMA to reconsider, and I think it's pretty clear at this point that it is going to be approved. I am not into betting, but if I were to bet, I'd definitely bet now that it will be approved.
 
I came around to what?
What I was saying.

Any of you guys waiting up till midnight to see if Phil Spencer and Bobby Kotick are going to turn into a couple of pumpkins are going to be waiting a while.

The merger agreement says the option for terminating the agreement begins at 11:59 PM Pacific Time.

Current Pacific Time is 8:20 PM. You've got about 3 hours and 40 minutes to go.
 
Clearly this means a lot to you and clearly you haven't read the document and it's details.. read the time - it's not "in a bit over an hour.." - the time is PDT.

And read the details - they both have a "right" to terminate - it doesn't mean that they will. There's also an amendment clause included ...

We have no clue what is actively being reviewed, discussed, or amended to the agreement at this point..
The time was already corrected by Topher Topher
The rest is irrelevant, I never said they would terminate, just the current contract would expire.
 
The time was already corrected by Topher Topher
The rest is irrelevant, I never said they would terminate, just the current contract would expire.
And that's where you're incorrect ..

The contract doesn't "expire" - Both companies can elect to continue to adhere to the contract and close until such time that either company elects to terminate, or they amend the contract.
 
And that's where you're incorrect ..

The contract doesn't "expire" - Both companies can elect to continue to adhere to the contract and close until such time that either company elects to terminate, or they amend the contract.
If that were true then why would they be in talks to extend? Or do you think that they aren't?

Edit: Everyone else is posting countdowns above, how bout you have a go at them too?
 
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Obviously Microsoft and ActiBliz will agree to extend it. It looks more or less over the line, now that the CMA has mysteriously folded and the UK judge has expressed his desire to be "satisfied"

Need Lube GIF
Cry Tissues GIF by Tickling Tentacles willhaben


I understand the arguments around where the share price is now versus the offering price (for acquiring ActiBliz) ...

..but I think anyone seriously expecting midnight to roll around and them to suddenly be like:

Season 3 Nevermind GIF by The Fresh Prince of Bel-Air


is engaging in wishful thinking.
 
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Obviously Microsoft and ActiBliz will agree to extend it. It looks more or less over the line, I understand the arguments around where the share price is now versus the offering price (for acquiring ActiBliz) ...

..but I think anyone seriously expecting midnight roll around and them to suddenly be like:

Season 3 Nevermind GIF by The Fresh Prince of Bel-Air


is engaging in wishful thinking.
wet dreams die last.
 
If that were true then why would they be in talks to extend? Or do you think that they aren't?
Are they? I've seen reports both ways..

"Working to extend" and "committed to merger" with a "plan to continue work to resolve lingering regulatory issues as deadline for merger closing approaches"...

They may be possibly working on an amendment to extend ... or they may be holding until later this week (IIRC there was something targeted for Thursday with CMA?). Or Both.

Who knows?

In either case - there's no reference to an expiration date in the contract (that I can find in my quick scan of 500+ pages).

There is only a closing deadline, with defined termination rights for the companies to possibly elect if they choose to do so....

In either case - Both companies have a responsibility to their shareholders to update them on what they're electing to do...
 
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Are they? I've seen reports both ways..

"Working to extend" and "committed to merger" with a "plan to continue work to resolve lingering regulatory issues as deadline for merger closing approaches"...

They may be possibly working on an amendment to extend ... or they may be holding until later this week (IIRC there was something targeted for Thursday with CMA?). Or Both.

Who knows?

In either case - there's no reference to an expiration date in the contract (that I can find in my quick scan of 500+ pages).

There is only a closing deadline, with defined termination rights for the companies to possibly elect if they choose to do so....

In either case - Both companies have a responsibility to their shareholders to update them on what they're electing to do...
The term extend means something needs to be made longer, if it needs to be made longer then it has an end.
 
The term extend means something needs to be made longer, if it needs to be made longer then it has an end.

From what I've read of the contract:

The contract has an amendment clause.
There's no reference to expiration of the contract.
There's no reference to extension of the contract.
The contract provides termination rights to provide the companies options to execute past date(s) specified.

I can't make it any clearer than that...
 
From what I've read of the contract:

The contract has an amendment clause.
There's no reference to expiration of the contract.
There's no reference to extension of the contract.
The contract provides termination rights to provide the companies options to execute past date(s) specified.

I can't make it any clearer than that...
Would it need to be "amended" once the "non-expiry" date passes?
 
Would it need to be "amended" once the "non-expiry" date passes?

From what I can tell and the way I read it - not necessarily...

Essentially - assuming they don't amend and simply let the contract stand as-is - then they could still effectively wait until they receive details from CMA and then subsequently close the deal later ... but both companies would also have right to terminate at any given time at that point. It's essentially a corporate game of chicken.

Obviously - these are corporations - so they live and breathe by documentation and written details. So I imagine there's active discussions and something actively being worked out to set a new deadline at this point based on noted CMA timings from earlier this week.

I think this is what Tom Warren and others were referring to earlier (now yesterday).
 
That's what they're working on, and the upcoming termination expiry is about.
lol - ok -

There's no expiration of the contract per-se - I believe that's what Topher Topher was commenting about earlier..

There's a deadline, and once the deadline has passed, the companies can elect to terminate the contract.

If you want to continue to refer to the contract as "expired" - that's your perogative.

Based on what I can tell - the contract will continue to be in place until either Activision or MS elect to terminate.

They can also potentially elect to amend the contract - but there may be some limitations as to what they can amend, etc. I expect that if there are any discussions happening - it's about the amendment details.

Until we see a formal notification by either company that they've terminated the merger agreement - then it appears that the contract is still viable ...
 
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lol - ok -

There's no expiration of the contract per-se - I believe that's what Topher Topher was commenting about earlier..

There's a deadline, and once the deadline has passed, the companies can elect to terminate the contract.

If you want to continue to refer to the contract as "expired" - that's your perogative.

Based on what I can tell - the contract will continue to be in place until either Activision or MS elect to terminate.

They can also potentially elect to amend the contract - but there may be some limitations as to what they can amend, etc. I expect that if there are any discussions happening - it's about the amendment details.

Until we see a formal notification by either company that they've terminated the merger agreement - then it appears that the contract is still viable ...
This all came about because I was asked what the countdown was for, they didn't know that it meant the contract would need to be amended past said expiration point.

It does, and ABK and MS were confirmed to be in discussions, without the contract the safety net of the contract is gone.
 
From what I've read of the contract:

The contract has an amendment clause.
There's no reference to expiration of the contract.
There's no reference to extension of the contract.
The contract provides termination rights to provide the companies options to execute past date(s) specified.

I can't make it any clearer than that...
matrixcontract.png
 
I never said the bolded. You all are implying that extra piece. The last generation it was 67%-33% (PlayStation 4 and Xbox One). The market share for Xbox Series can't be the same this time around. And it better not be worse than that. It'll be embarrassing if it's worse than that 2 to 1-margin. If MS can get it down to 60%-40% in the console space, that would be an outstanding job for them.

Not sure how that's some crazy expectation.

Oh sure, except that you said you expect it to have some sort of PS3 revival among other things to set up the narrative where if MS cannot reach it, it will be embarrassing.

I say nah, there's nothing in it for us to follow your narrative no matter the outcome.
 
I just got off work and I'm playing Twisted Metal 2 so I can go to bed and wake up at 8. I'm hoping to see this turn into something no one saw coming for the ultimate surprise.

Man, imagine the drama.

This is the maximum spectacle scenario. It would rank alongside the Nintendo - Sony backstab and Sega discontinuing dreamcast.

But after doing the work on all those old CoDs that is an indication ATVI are in this until close so I think we get the boring continue option.

Unless there's the ultimate backstab - ATVI announces it is terminating the deal, and simultaneously releasing old CODs on its new standalone sub service 🤣
 
Man, imagine the drama.

This is the maximum spectacle scenario. It would rank alongside the Nintendo - Sony backstab and Sega discontinuing dreamcast.

But after doing the work on all those old CoDs that is an indication ATVI are in this until close so I think we get the boring continue option.

Unless there's the ultimate backstab - ATVI announces it is terminating the deal, and simultaneously releasing old CODs on its new standalone sub service 🤣

Bobby is the ultimate scumbag
 
Obviously Microsoft and ActiBliz will agree to extend it.

Obviously, and yet they haven't - or at least they have made nothing public.

What should we take from that?

I mean I assume that MS is gung ho to continue the acquisition.

So the fact there is seemingly no agreed extension and media is now reporting they're in talks, implies ATVI isn't quite so gung ho on it and so far hasn't agreed to extend.

What are those talks about? More money? Why wouldn't ATVI extend? They believe it's in their interest to keep the option to pull out?

I guess ATVI could say the want the $3 billion termination sum added to the buyout price. That's somewhere around a 4% uplift and would push the price per share to about $100 - ish.

Then there are new terms about when this version of the deal expires, and what additional payoff ATVI are entitled to if it remains blocked at that time?

If this is the kind of negotiation happening now, ATVI must have at least considered the possibility of pulling out vs continuing - that in itself is a megaton because it demonstrates ATVI is not convinced that a sell to MS on those terms is in their best interests now.

Or maybe their printer is out of toner and the stores are closed until tomorrow 🤷‍♂️
 
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